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As Introduced

122nd General Assembly
Regular Session
1997-1998

S. B. No. 35

SENATORS B. JOHNSON-WATTS-SWEENEY

A BILL

To amend sections 4507.05, 4507.07, 4507.08, 4507.081, 4507.10,
4507.11, 4507.12, 4507.13, 4507.162, 4507.24, and 4507.99, and
to enact section 4507.071 of the Revised Code to revise the
conditions under which a driver's license is issued to a person
under age 18, to maintain the provisions of this act on and
after May 15, 1997, by amending the versions of sections 4507.08
and 4507.99 of the Revised Code that take effect on that date,
and to maintain the provisions of this act on and after July 1,
1997, by amending the version of section 4507.99 of the Revised
Code that takes effect on that date.

Sec. 4507.05. (A) The registrar of motor vehicles, or the
A
deputy registrar, upon receiving from any person
an application
for a temporary instruction permit for a driver's license FROM ANY PERSON
WHO IS AT LEAST FIFTEEN YEARS AND SIX MONTHS OF AGE, may
issue such a permit entitling the applicant, while having the
permit in his immediate possession, to drive a
motor vehicle,
other than a commercial motor vehicle, upon the highways when
UNDER THE FOLLOWING CONDITIONS:

(1) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST
FIFTEEN YEARS AND SIX MONTHS OF AGE, BUT LESS THAN SIXTEEN YEARS
OF AGE:

(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE
POSSESSION;

(b) THE HOLDER IS ACCOMPANIED BY AN ELIGIBLE ADULT
WHO ACTUALLY OCCUPIES THE SEAT BESIDE THE PERMIT HOLDER;

(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL
OF THE AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT
RESTRAINING DEVICE.

(2) IF THE PERMIT IS ISSUED TO A PERSON WHO IS AT LEAST
SIXTEEN YEARS OF AGE:

(a) THE PERMIT IS IN THE HOLDER'S IMMEDIATE
POSSESSION;

(b) THE HOLDER IS
accompanied by a licensed operator who is AT LEAST TWENTY-ONE YEARS OF AGE
AND WHO IS actually occupying a
seat beside the driver;

(c) ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF THE
AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT RESTRAINING
DEVICE. The

(B) THE registrar or a deputy registrar,
upon receiving from any person an application for a temporary
instruction permit to operate a motorcycle or motorized bicycle,
may issue such a permit entitling the applicant, while having the
permit in his THE APPLICANT'S immediate possession, to drive a
motorcycle OR MOTORIZED BICYCLE under
restrictions determined by the registrar. Such permits
A TEMPORARY INSTRUCTION PERMIT TO OPERATE A MOTORIZED BICYCLE MAY BE ISSUED
TO A PERSON FOURTEEN OR FIFTEEN YEARS OLD.

(C) ANY PERMIT ISSUED UNDER THIS SECTION shall be
issued in the same manner as drivers' licenses, including the age
requirements as provided under section 4507.08
of the Revised
Code A DRIVER'S LICENSE, upon forms A FORM to be
furnished by the registrar, except
that no
photograph of the applicant shall be required on the permit, and
that temporary instruction permits for
motorized bicycles may be
issued to persons fourteen or fifteen years old.
No such A TEMPORARY INSTRUCTION
permit
shall be granted TO A PERSON WHO IS UNDER THE AGE OF SIXTEEN SHALL
BE VALID FOR ONE YEAR AND A TEMPORARY INSTRUCTION PERMIT GRANTED TO A PERSON
WHO IS AT LEAST SIXTEEN YEARS OF AGE SHALL BE VALID for a period to
exceed OF
six months.
A TEMPORARY INSTRUCTION PERMIT ISSUED TO A PERSON UNDER
THE AGE OF SIXTEEN SHALL BE DISTINGUISHABLE BY COLOR OR IN SOME OTHER
MANNER, AS DETERMINED BY THE REGISTRAR, FROM THAT ISSUED TO A
PERSON WHO IS SIXTEEN YEARS OF AGE OR OLDER.

(D) Any person having in his THE PERSON'S possession a
valid and
current
driver's license or motorcycle operator's license or endorsement
issued to him THE PERSON by another jurisdiction recognized by
this state is
exempt from obtaining a temporary instruction permit for a
driver's license, but shall submit to the regular examination in
obtaining a driver's license or motorcycle operator's endorsement
in this state. The

(E) THE registrar may adopt rules governing the use
of such TEMPORARY instruction permits.

(F)(1) NO HOLDER OF A PERMIT ISSUED
UNDER DIVISION (A) OF THIS
SECTION SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY
PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF
VEHICULAR TRAVEL OR PARKING IN VIOLATION OF THE CONDITIONS
ESTABLISHED UNDER DIVISION (A)
OF THIS SECTION.

(2) NO HOLDER OF A PERMIT ISSUED UNDER DIVISION
(A) OF THIS SECTION ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION
WHO IS UNDER THE AGE OF EIGHTEEN SHALL
OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE
PROPERTY USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR
PARKING BETWEEN THE HOURS OF MIDNIGHT AND FIVEa.m.

(G) AS USED IN THIS
SECTION:

(1) "ELIGIBLE ADULT" MEANS EITHER OF THE
FOLLOWING:

(a) AN INSTRUCTOR OF A DRIVER EDUCATION COURSE
APPROVED BY THE DEPARTMENT OF EDUCATION OR A DRIVER TRAINING
COURSE APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY;

(b) A PARENT OR GUARDIAN OF THE PERMIT HOLDER WHO
HOLDS A CURRENT VALID DRIVER'S OR COMMERCIAL DRIVER'S LICENSE
ISSUED BY THIS STATE.

(2) "OCCUPANT RESTRAINING DEVICE" HAS THE SAME MEANING AS
IN SECTION 4513.263 OF THE
REVISED
CODE.

Sec. 4507.07. (A) The registrar of motor vehicles shall
not grant the application of any minor under eighteen years of
age for a probationary license or, a restricted license, OR A
TEMPORARY INSTRUCTION PERMIT, unless
the application is signed by one of the minor's parents, the minor's guardian,
another
person having custody of the applicant, or, if there is no parent
or guardian, a responsible person who is willing to assume the
obligation imposed under this section.

At the time a minor under eighteen years of age submits an
application for a license OR PERMIT at a driver's license examining
station, the adult who signs the application shall present
identification establishing that the adult is the individual whose
signature appears on the application. The registrar shall prescribe, by rule,
the types of identification
that are suitable for the purposes of this paragraph. If the
adult who signs the application does not provide identification
as required by this paragraph, the application shall not be
accepted.

When a minor under eighteen years of age applies for a
probationary license or, a restricted license, OR A TEMPORARY
INSTRUCTION PERMIT, the registrar shall give
the adult who signs the application
notice of the potential liability that may be imputed to the
adult pursuant to division (B) of this section and notice of how
the adult may prevent any liability from being imputed to
the adult pursuant to that division.

(B) Any negligence, or willful or wanton misconduct, that
is committed by a minor under eighteen years of age when driving
a motor vehicle upon a highway shall be imputed to the person who
has signed the application of the minor for a probationary
license or, restricted license, OR TEMPORARY INSTRUCTION
PERMIT, which person shall be jointly and
severally liable with the minor for any damages caused by the
negligence or the willful or wanton misconduct. This joint and
several liability is not subject to division (D) of section
2315.19, division (F) of section 2315.20, or division
(B) of section 2307.31 of the Revised Code with
respect to a negligence or other tort
claim that otherwise is subject to any of those
sections.

There shall be no imputed liability imposed under this
division if a minor under eighteen years of age has proof of
financial responsibility with respect to the operation of a motor
vehicle owned by the minor or, if the minor is not the owner of a
motor vehicle, with respect to the minor's operation of any motor
vehicle, in the form and in the amounts as required under Chapter
4509. of the Revised Code.

(C) Any person who has signed the application of a minor
under eighteen years of age for a license OR PERMIT subsequently may
surrender to the registrar the license or temporary instruction
permit of the minor and request that the license or permit be
canceled. The registrar then shall cancel the license or
temporary instruction permit, and the person who signed the application
of the minor shall be relieved from the liability imposed by
division (B) of this section.

(D) Any minor under eighteen years of age whose
probationary license, restricted license, or temporary
instruction permit is surrendered to the registrar by the person
who signed the application for the license OR PERMIT and whose license
or
temporary instruction permit subsequently is canceled by the
registrar may obtain a new license or temporary instruction
permit without having to undergo the examinations otherwise
required by sections 4507.11 and 4507.12 of the Revised Code and
without having to tender the fee for that license or
temporary instruction
permit, if the minor is able to produce another parent, guardian,
other person having custody of the minor, or other adult, and
that adult is willing to assume the
liability imposed under division (B) of
this section. That adult shall comply
with the procedures
contained in division (A) of this section.

Sec. 4507.071. (A) NO DRIVER'S LICENSE SHALL BE
ISSUED TO ANY PERSON UNDER EIGHTEEN YEARS OF AGE, EXCEPT THAT A
PROBATIONARY LICENSE MAY BE ISSUED TO A PERSON WHO IS AT LEAST SIXTEEN
YEARS OF AGE AND HAS HELD A TEMPORARY INSTRUCTION PERMIT FOR A
PERIOD OF AT LEAST SIX MONTHS.

(B) NO HOLDER OF A
PROBATIONARY LICENSE ISSUED ON OR AFTER THE EFFECTIVE DATE OF
THIS SECTION SHALL OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY
PUBLIC OR PRIVATE PROPERTY USED BY THE PUBLIC FOR PURPOSES OF
VEHICULAR TRAVEL OR PARKING BETWEEN THE HOURS OF MIDNIGHT AND
FIVEa.m.

(C) NO HOLDER OF A PROBATIONARY LICENSE SHALL
OPERATE A MOTOR VEHICLE UPON A HIGHWAY OR ANY PUBLIC OR PRIVATE
PROPERTY USED BY THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL OR
PARKING UNLESS ALL OCCUPANTS OF THE VEHICLE ARE WEARING ALL OF
THE AVAILABLE ELEMENTS OF A PROPERLY ADJUSTED OCCUPANT
RESTRAINING DEVICE.

(D) A RESTRICTED LICENSE
MAY BE ISSUED TO A PERSON WHO IS FOURTEEN OR FIFTEEN YEARS OF
AGE UPON PROOF OF HARDSHIP SATISFACTORY TO THE REGISTRAR OF
MOTOR VEHICLES.

(E) AS USED IN THIS
SECTION, "OCCUPANT RESTRAINING DEVICE" HAS THE SAME MEANING AS
IN SECTION 4513.263 OF THE
REVISED
CODE.

Sec. 4507.08. No driver's license shall be issued to any
person under eighteen years of age, except that a probationary
license may be issued to a person over sixteen years of age and a
restricted license may be issued to a person who is fourteen or
fifteen years of age upon proof of hardship satisfactory to the
registrar of motor vehicles.(A) No probationary license shall
be
issued to any person under the age of eighteen who has been
adjudicated an unruly or delinquent child or a juvenile traffic
offender for having committed any act that if committed by an
adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program.

(B) No temporary instruction permit or driver's license shall
be issued to any person whose license has been suspended, during
the period for which the license was suspended, nor to any person
whose license has been revoked, under sections 4507.01 to 4507.39
of the Revised Code, until the expiration of one year after the
license was revoked.

(C) No temporary instruction permit or driver's license shall
be issued to any person whose commercial driver's license is
suspended under section 1905.201, 4507.16, 4507.34, 4507.99,
4511.191, or 4511.196 of the Revised Code or under any other
provision of the Revised Code during the period of the
suspension.

(D) No temporary instruction permit or driver's license shall
be issued to, or retained by ANY OF THE FOLLOWING PERSONS:

(A)(1) Any person who is an alcoholic, or is addicted to the
use of controlled substances to the extent that the use
constitutes an impairment to the person's ability to operate a
motor vehicle with the required degree of safety;

(B)(2) Any person who is under the age of eighteen and has
been adjudicated an unruly or delinquent child or a juvenile
traffic offender for having committed any act that if committed
by an adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program;

(C)(3) Any person who, in the opinion of the registrar, is
afflicted with or suffering from a physical or mental disability
or disease that prevents him THE PERSON from exercising
reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways, except that a restricted license effective for
six months may be issued to any person otherwise qualified who is
or has been subject to any condition resulting in episodic
impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that he THE PERSON is capable
of
exercising reasonable and ordinary control over a motor vehicle.
A restricted license effective for six months shall be issued to
any person who is otherwise qualified who is subject to any
condition which causes episodic impairment of consciousness or a
loss of muscular control if the person presents a statement from
a licensed physician that his THE PERSON'S condition is under
effective medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical
examination is ordered and, pursuant thereto, cause for denial is
found.

A person to whom a six-month restricted license has been
issued shall give notice of his THE PERSON'S medical condition
to the registrar on forms provided by the registrar and signed by the
licensee's physician. The notice shall be sent to the registrar
six months after the issuance of the license. Subsequent
restricted licenses issued to the same individual shall be
effective for six months.

(D)(4) Any person who is unable to understand highway
warnings or traffic signs or directions given in the English
language;

(E)(5) Any person making an application whose driver's
license or driving privileges are under revocation or suspension
in the jurisdiction where issued or any other jurisdiction, until
the expiration of one year after the license was revoked or until
the period of suspension ends. Any person whose application is
denied under this division may file a petition in the municipal
court or county court in whose jurisdiction the person resides
agreeing to pay the cost of the proceedings and alleging that the
conduct involved in the offense that resulted in suspension or
revocation in the foreign jurisdiction would not have resulted in
a suspension or revocation had the offense occurred in this
state. If the petition is granted, petitioner shall notify the
registrar of motor vehicles by a certified copy of the court's
findings and a license shall not be denied under this division;

(F)(6) Any person whose driver's or commercial driver's
license or permit has been permanently revoked pursuant to
division (C) of section 4507.16 of the Revised Code.

(E) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL MAY 15,
1997.

Sec. 4507.081. (A) Upon the expiration of a restricted
license issued under division (C)(D)(3) of section 4507.08 of
the
Revised Code and submission of a statement as provided in
division (C) of this section, the registrar of motor vehicles may
issue a driver's license to the person to whom the restricted
license was issued. A driver's license issued under this section
shall, unless otherwise revoked, SHALL be effective for one
year.

(B) A driver's license issued under this section may be
renewed annually, for no more than three consecutive years,
whenever the person to whom the license has been issued submits
to the registrar, by certified mail and no sooner than thirty
days prior to the expiration date of the license or renewal
thereof, a statement as provided in division (C) of this section.
A renewal of a driver's license shall, unless the license is
otherwise revoked, SHALL be effective for one year following the
expiration date of the license or renewal thereof, and shall be
evidenced by a validation sticker. The renewal validation
sticker shall be in a form prescribed by the registrar and shall
be affixed to the license.

(C) No person may be issued a driver's license under this
section, and no such driver's license may be renewed, unless the
person presents a signed statement from a licensed physician that
the person's condition is either IS dormant or IS under
effective
medical control, that the control has been maintained
continuously for at least one year prior to the date on which
application for the license is made, and that, if continued
medication is prescribed to control the condition, the person may
be depended upon to take the medication.

The statement shall be made on a form provided by the
registrar, shall be in not less than duplicate, and shall contain
such ANY other information as the registrar considers
necessary. The
duplicate copy of the statement may be retained by the person
requesting the license renewal and, when in his THE PERSON'S
immediate
possession and used in conjunction with the original license,
shall entitle him THE PERSON to operate a motor vehicle during a
period of
no more than thirty days following the date of submission of the
statement to the registrar, except when the registrar denies the
request for the license renewal and so notifies the person.

(D) Whenever the registrar receives a statement indicating
that the condition of a person to whom a driver's license has
been issued under this section is no longer IS dormant or under
effective medical control, the registrar shall revoke the
person's driver's license.

(E) Nothing in this section shall require a person
submitting a signed statement from a licensed physician to obtain
a medical examination prior to the submission of the statement.

(F) Any person whose driver's license has been revoked
under this section may apply for a subsequent restricted license
according to the provisions of section 4507.08 of the Revised
Code.

Sec. 4507.10. (A) The registrar of motor vehicles shall
examine every applicant for a TEMPORARY INSTRUCTION PERMIT,
driver's
license, or motorcycle
operator's endorsement before issuing any such PERMIT,
license,
or
endorsement.

(B) Except as provided in section 4507.12 of the Revised
Code, the registrar may waive the examination of any person
applying for the renewal of a driver's license, or motorcycle
operator's endorsement issued under this chapter, provided that
the applicant presents either an unexpired license or endorsement
or a license or endorsement which has expired not more than six
months prior to the date of application.

(C) The registrar may waive the examination of any person
applying for the renewal of such license or endorsement who is on
active duty in the military or naval forces of the United States,
or in service with the peace corps, volunteers in service to
America, or the foreign service of the United States if the
applicant has no physical or mental disabilities that would
affect his THE APPLICANT'S driving ability and was an Ohio
licensee at the time
he THE APPLICANT commenced such active duty or service.

(D) Except as provided in section 4507.12 of the Revised
Code, the registrar may waive the examination of any person
applying for such license or endorsement who meets either of the
following sets of qualifications:

(1) Has been on active duty in the military or naval
forces of the United States, presents an honorable discharge
certificate showing that he THE APPLICANT has no physical or
mental
disabilities which would affect his THE APPLICANT'S driving
ability, was an Ohio
licensee at the time he THE APPLICANT commenced such active
duty, and makes the
application not more than six months after the date of discharge
or separation;

(2) Was in service with the peace corps, volunteers in
service to America, or the foreign service of the United States;
presents such evidence of such service as the registrar
prescribes showing that the applicant has no physical or mental
disabilities that would affect his APPLICANT'S driving ability;
was an Ohio
licensee at the time he APPLICANT commenced such service; and
makes the
application no more than six months after leaving the peace
corps, volunteers, or foreign service.

Sec. 4507.11. The registrar of motor vehicles shall
conduct all necessary examinations of applicants for TEMPORARY INSTRUCTION
PERMITS, drivers'
licenses, or motorcycle operators' endorsements. Such THE
examination shall include a test of the applicant's knowledge of
motor vehicle laws, including the laws on stopping for school
buses, a test of his THE APPLICANT'S physical fitness to drive,
and a test of his THE APPLICANT'S
ability to understand highway traffic control devices. Such THE
examination may be conducted in such a manner that applicants who
are illiterate or limited in their knowledge of the English
language may be tested by methods that would indicate to the
examining officer that the applicant has a reasonable knowledge
of motor vehicle laws and understands highway traffic control
devices. Such AN applicant FOR A DRIVER'S LICENSE shall
give an actual demonstration of
his THE ability to exercise ordinary and reasonable control in
the
operation of a motor vehicle by driving the same under the
supervision of an examining officer. An applicant for a
motorcycle operator's endorsement shall give an actual
demonstration of his THE ability to exercise ordinary and
reasonable
control in the operation of a motorcycle by driving the same
under the supervision of an examining officer. Except as
provided in section 4507.12 of the Revised Code, the registrar
shall designate the highway patrol or any law enforcement body to
supervise and conduct examinations for TEMPORARY INSTRUCTION
PERMITS, drivers' licenses, and
motorcycle operators' endorsements and shall provide the
necessary rules and forms to properly conduct such THE
examinations. The records of such THE examinations, together
with the application
for a TEMPORARY INSTRUCTION PERMIT, driver's license, or
motorcycle operator's endorsement,
shall be forwarded to the registrar by the deputy registrar, and,
if in the opinion of the registrar the applicant is qualified to
operate a motor vehicle, the registrar shall issue such THE
PERMIT, license,
or endorsement.

The registrar may authorize the highway patrol or other
designated law enforcement body to issue an examiner's driving
permit to an applicant who has passed the required examination,
permitting such AUTHORIZING THAT applicant to operate a motor
vehicle while the
registrar is completing his AN investigation relative to
such THAT
applicant's qualifications to receive a TEMPORARY INSTRUCTION
PERMIT, driver's license, or
motorcycle operator's endorsement. Such THE examiner's driving
permit shall be in the immediate possession of the applicant
while operating a motor vehicle and shall be effective until
final action and notification has been given by the registrar,
but in no event longer than sixty days from its date of issuance.

Sec. 4507.12. (A) Except as provided in division (C) of
section 4507.10 of the Revised Code, each person applying for A TEMPORARY
INSTRUCTION PERMIT OR the
renewal of a driver's license shall submit to a screening of his THE
PERSON'S
vision before the PERMIT IS ISSUED OR THE license may be renewed. The
vision screening
shall be conducted at the office of the deputy registrar
receiving the application for ISSUANCE OF THE PERMIT OR license
renewal.

(B) When the results of a vision screening given under
division (A) of this section indicate that the vision of the
person examined meets the standards required for licensing, the
deputy registrar may ISSUE THE PERMIT TO AN APPLICANT WHO IS OTHERWISE
QUALIFIED OR renew the person's driver's license, AS
APPLICABLE, at that
time.

(C) When the results of a vision screening given under
division (A) of this section indicate that the vision of the
person screened may not meet the standards required for
licensing, the deputy registrar shall not ISSUE THE PERMIT OR renew the
person's
driver's license at that time, but shall refer the person to a
driver's license examiner appointed by the superintendent of the
state highway patrol under section 5503.21 of the Revised Code
for a further examination of his THE PERSON'S vision. When a
person referred
to a driver's license examiner by a deputy registrar does not
meet the vision standards required for licensing, the driver's
license examiner shall retain the person's operator's or
chauffeur's license OF A PERSON APPLYING FOR LICENSE RENEWAL and
shall immediately SHALL notify the registrar of
motor vehicles of that fact. No TEMPORARY INSTRUCTION PERMIT OR
driver's license shall be issued
to any such person, until the person's vision is corrected to
meet the standards required for licensing and the person passes
the vision screening required by this section. Any person who
operates a motor vehicle on a highway, or on any public or
private property used by the public for purposes of vehicular
travel or parking, during the time his THE PERSON'S driver's
license is held
by a driver's license examiner under this division, shall be
deemed to be operating a motor vehicle in violation of division
(A) of section 4507.02 of the Revised Code.

(D) The registrar shall adopt rules and shall provide any
forms necessary to properly conduct vision screenings at the
office of a deputy registrar.

(E) No person conducting vision screenings under this
section shall be personally liable for damages for injury or loss
to persons or property and for death caused by the operation of a
motor vehicle by any person whose TEMPORARY INSTRUCTION PERMIT WAS ISSUED
OR WHOSE driver's license was renewed by
the deputy registrar under division (B) of this section.

Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person licensed as a commercial motor vehicle driver under
Chapter 4506. of the Revised Code need procure a driver's
license, but no person shall drive any commercial motor vehicle
unless licensed as a commercial motor vehicle driver.

Every driver's license shall bear on it the distinguishing
number assigned to the licensee and shall contain the licensee's
name, date of birth, social security number if such number has
been assigned; the licensee's residence address and county of
residence; a color photograph of the licensee; a brief description of the
licensee for the purpose
of identification; a facsimile of the signature of the licensee
as it appears on the application for the license; a space marked
"blood type" in which a licensee may specify his THE LICENSEE'S
blood type; a notation, in a manner prescribed by the registrar, indicating
any condition described in division (D)(3) of section 4507.08 of the
Revised Code
to which the licensee is subject; on and after May
1, 1993, if the licensee has executed a durable power of attorney
for health care or a declaration governing the use or
continuation, or the withholding or withdrawal, of
life-sustaining treatment and has specified that he THE LICENSEE
wishes his THE license to indicate that he THE
LICENSEE has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee has executed either type of instrument; and any
additional information that the registrar requires by rule.

The driver's license for licensees under twenty-one years of age shall have
characteristics prescribed by the registrar distinguishing it from that issued
to a licensee who is twenty-one years of age or older.

Every driver's or commercial driver's license bearing a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall bear the designation "novice,"
if the endorsement or license is issued to a person who is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.

Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.

(B) Neither the registrar nor any deputy registrar shall
issue a driver's license to anyone under twenty-one years of age that does not
have the characteristics prescribed by the registrar distinguishing it from
the driver's license issued to persons who are twenty-one years of age or
older.

Sec. 4507.162. (A) Except as provided in division (C) of
this section, the registrar of motor vehicles shall suspend the
probationary driver's license or, restricted license,
OR TEMPORARY INSTRUCTION PERMIT issued to any
person when the person, before reaching his THE PERSON'S
eighteenth birthday,
has been convicted of, pleaded guilty to, or been adjudicated in
juvenile court of having committed any of the following:

(1) Three TWO separate violations in any two-year period of
section 2903.06, 2903.07, 2903.08, 2921.331, 4511.12, 4511.13,
4511.15, 4511.191, 4511.192, 4511.20, 4511.201, 4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57 to
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised
Code, section 2903.04 of the Revised Code in a case in which the
person would have been subject to the sanctions described in
division (D) of that section had he THE PERSON been convicted of
the
violation of that section, or any municipal ordinances similarly
relating to the offenses contained in those sections;

(2) One violation of section 4511.19 of the Revised Code
or a substantially similar municipal ordinance.

Any person whose license OR PERMIT is suspended under division
(A)(1) OR (2) of
this section shall mail or deliver his THE PERSON'S probationary
driver's
license or, restricted license, OR TEMPORARY
INSTRUCTION PERMIT to the registrar within fourteen
days of notification of the suspension. The registrar shall
retain the license OR PERMIT during the period of the suspension. A
suspension pursuant to division (A)(1) of this section shall
remain in effect until one year has elapsed since the date of
suspension of the probationary driver's license or, restricted
license, OR TEMPORARY INSTRUCTION PERMIT and a suspension
pursuant to division (A)(2) of this
section shall remain in effect until six months have elapsed
since the date of the suspension. If the person's probationary
driver's license or, restricted license, OR TEMPORARY
INSTRUCTION PERMIT is under suspension on
the
date the court imposes sentence upon the person for a violation
described in division (A)(2) of this section, the suspension
shall take effect on the next day immediately following the end
of that period of suspension. If the person is sixteen years of
age or older and pleads guilty to or is convicted of a violation
described in division (A)(2) of this section and he THE PERSON
does not have
a current, valid probationary driver's license or, restricted
license, OR TEMPORARY INSTRUCTION PERMIT, the registrar shall
deny the issuance to the person of a
probationary driver's license, restricted license, driver's
license, probationary commercial driver's license, or commercial
driver's license, OR TEMPORARY INSTRUCTION PERMIT, as the case
may be, for six months beginning on
the date the court imposes sentence upon the person for the
violation. If the person has not attained the age of sixteen
years on the date the court imposes sentence upon him THE PERSON
for the
violation, the period of denial shall commence on the date the
person attains the age of sixteen years.

(B) The registrar also shall suspend the temporary
instruction permit or probationary driver's license of any person
under the age of eighteen who has been adjudicated unruly,
delinquent, or a juvenile traffic offender for having committed
any act that if committed by an adult would be a drug abuse
offense as defined in section 2925.01 of the Revised Code, or a
violation of division (B) of section 2917.11 of the Revised Code
until the person reaches the age of eighteen years or attends, at
the discretion of the court, and satisfactorily completes a drug
abuse or alcohol abuse education, intervention, or treatment
program specified by the court. Any person whose temporary
instruction permit or probationary driver's license is suspended
under this division shall mail or deliver his THE PERSON'S
permit or license
to the registrar within fourteen days of notification of the
suspension. The registrar shall retain the PERMIT OR license during
the
period of the suspension.

(C) If a person is convicted of, pleads guilty to, or is
adjudicated in juvenile court of having committed a third SECOND
violation of sections 4511.12, 4511.13, 4511.15, 4511.20 to
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or any similar municipal ordinances
within a two-year period, and the person, within the preceding
seven years, has been convicted of, pleaded guilty to, or
adjudicated in juvenile court of having committed three or more
violations of division (A) or (B) of section 4511.19 of the
Revised Code, a municipal ordinance relating to operating a
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, a municipal ordinance relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, section 2903.04 of the Revised Code
in a case in which the person was subject to the sanctions
described in division (D) of that section, or section 2903.06,
2903.07, or 2903.08 of the Revised Code or a municipal ordinance
that is substantially similar to section 2903.07 of the Revised
Code in a case in which the jury or judge found that the person
was under the influence of alcohol, a drug of abuse, or alcohol
and a drug of abuse, the person is not entitled to request, and
the court shall not grant to the person, occupational driving
privileges under this division. For any other person who is
convicted of, pleads guilty to, or is adjudicated in juvenile
court of having committed a third SECOND violation of sections
4511.12,
4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or
any similar municipal ordinances within a two-year period, the
court in which the third SECOND conviction, finding, plea, or
adjudication was made, upon petition of the person, may grant the
person occupational driving privileges if the court finds that
the person will reach his THE PERSON'S eighteenth birthday
before the period
of suspension required to be imposed under division (A)(1) of
this section expires and further finds reasonable cause to
believe that the suspension, if continued beyond the person's
eighteenth birthday, will seriously affect the person's ability
to continue in his employment. The occupational driving
privileges granted under this division shall be effective on the
person's eighteenth birthday and during the period following such
birthday for which the suspension would otherwise WOULD be
imposed. A
court shall not grant occupational driving privileges to any
person who, within seven years of the filing of the petition, has
been convicted of, pleaded guilty to, or adjudicated in juvenile
court of having committed three or more violations of division
(A) or (B) of section 4511.19 of the Revised Code, a municipal
ordinance relating to operating a vehicle while under the
influence of alcohol, a drug of abuse, or alcohol and a drug of
abuse, a municipal ordinance relating to operating a vehicle with
a prohibited concentration of alcohol in the blood, breath, or
urine, section 2903.04 of the Revised Code in a case in which the
person was subject to the sanctions described in division (D) of
that section, or section 2903.06, 2903.07, or 2903.08 of the
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which
the jury or judge found that the person was under the influence
of alcohol, a drug of abuse, or alcohol and a drug of abuse. In
granting occupational driving privileges, the court shall specify
the times and places at which the person may drive and may impose
any other conditions upon the person's use of a motor vehicle
that the court considers reasonable and necessary.

A court that grants occupational driving privileges to a
person under this division shall retain the person's probationary
driver's license or, restricted license, OR TEMPORARY
INSTRUCTION PERMIT during the period the
license OR PERMIT is suspended and also during the period for which
occupational driving privileges are granted, and shall deliver to
the person a permit card, in a form to be prescribed by the
court, setting forth the date on which the occupational driving
privileges will become effective, the times and places at which
the person may drive, and any other conditions imposed upon the
person's use of a motor vehicle.

The court immediately shall notify the registrar, in
writing, of a grant of occupational driving privileges. The
notification shall specify the date on which the occupational
driving privileges will become effective, the times and places at
which the person may drive, and any other conditions imposed upon
the person's use of a motor vehicle. The registrar shall not
suspend the probationary driver's license or, restricted
license, OR TEMPORARY INSTRUCTION PERMIT
of any person pursuant to division (A) of this section during any
period for which the person has been granted occupational driving
privileges as provided in this division, if the registrar has
received the notification described in this division from the
court.

(D) If a person who has been granted occupational driving
privileges under division (C) of this section is convicted of,
pleads guilty to, or is adjudicated in juvenile court of having
committed, a violation of section 4507.02 of the Revised Code, or
a fourth THIRD or subsequent violation of any of the other
sections of
the Revised Code listed in division (A)(1) of this section or any
similar municipal ordinance during the period for which he THE
PERSON was
granted occupational driving privileges, the court that granted
the occupational driving privileges shall revoke them and cancel
the person's permit card. The court or the clerk of the court
immediately shall forward the person's probationary driver's
license or, restricted license, OR TEMPORARY
INSTRUCTION PERMIT together with written notification
of the court's action to the registrar. Upon receipt of the
license OR PERMIT and notification, the registrar shall suspend the
person's probationary driver's license or, restricted
license, OR TEMPORARY INSTRUCTION PERMIT for
a period of one year. The registrar shall retain the license OR PERMIT
during the period of suspension, and no further occupational
driving privileges shall be granted during that period.

(E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license or, restricted license, OR TEMPORARY
INSTRUCTION PERMIT has been suspended under
this section until the suspension period has expired, a temporary
instruction permit or commercial driver's license temporary
instruction permit has been issued, and the applicant has
submitted to the examination for a driver's license as provided
for in section 4507.11 or a commercial driver's license as
provided in Chapter 4506. of the Revised Code.

Sec. 4507.24. (A) Each deputy registrar may collect a fee
not to exceed the following:

(1) Three dollars and twenty-five cents for each
application for ISSUANCE OF A TEMPORARY INSTRUCTION PERMIT OR THE
renewal of a driver's license received by him THE DEPUTY,
when the applicant is required to submit to a VISION screening of
his
vision under section 4507.12 of the Revised Code;

(2) Two dollars and twenty-five cents for each application
for a driver's license, or motorized bicycle license, or for
renewal of such a license, received by him THE DEPUTY, when the
applicant is
not required to submit to a VISION screening of his vision under
section
4507.12 of the Revised Code.

(B) The fees prescribed by division (A) of this section
shall be in addition to the fee for a temporary instruction
permit and examination, a driver's license, a motorized bicycle
license, or duplicates thereof, and shall compensate the deputy
registrar for his THE DEPUTY'S services, for office and rental
expense, and
for costs as provided in division (C) of this section, as are
necessary for the proper discharge of his THE DEPUTY'S duties
under sections
4507.01 to 4507.39 of the Revised Code.

(C) Each deputy registrar shall transmit to the registrar
of motor vehicles, at such time and in such manner as the
registrar shall require by rule, an amount of each fee collected
under division (A)(1) of this section as shall be determined by
the registrar. The registrar shall pay all moneys so received by
him into the state bureau of motor vehicles fund created in section
4501.25
of the Revised Code.

Sec. 4507.99. (A) Whoever violates division (B)(2) or
(D)(1) of section 4507.02 of the Revised Code is guilty of
driving under suspension or revocation or in violation of license
restrictions, a misdemeanor of the first degree. Whoever
violates division (C) of section 4507.02 of the Revised Code is
guilty of driving without paying a license reinstatement fee, a
misdemeanor of the first degree. Except as otherwise provided in division (D)
of section 4507.162 of the Revised Code, the court, in addition to or
independent of all other penalties provided by
law, may suspend for a period not to exceed one year the driver's
or commercial driver's license or permit or nonresident operating
privilege of any person who pleads guilty to or is convicted of a
violation of division (B)(2), (C), or (D)(1) of section 4507.02
of the Revised Code.

(B) Whoever violates division (D)(2) of section 4507.02 of
the Revised Code is guilty of driving under OMVI suspension or
revocation and shall be punished as provided in division (B)(1),
(2), or (3) and divisions (B)(4) to (8) of this section.

(1) If, within five years of the offense, the offender has
not been convicted of or pleaded guilty to any violation of
division (D)(2) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under OMVI suspension or revocation is a
misdemeanor of the first degree, and the court shall sentence the
offender to a term of imprisonment of not less than three
consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than thirty consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed six months. In addition,
the court shall impose upon the offender a fine of not less than
two hundred fifty and not more than one thousand dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in his name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(D)(2) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under OMVI suspension or revocation is a misdemeanor, and
the court shall sentence the offender to a term of imprisonment
of not less than ten consecutive days and may sentence the
offender to a longer definite term of imprisonment of not more
than one year. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than ninety consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed one year. In addition,
the court shall impose upon the offender a fine of not less than
five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in his name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (D)(2) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under OMVI suspension or revocation is guilty
of a misdemeanor. The court shall sentence the offender to a
term of imprisonment of not less than thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. The court shall not
sentence the offender to a term of electronically monitored house
arrest as defined in division (A)(4) of section 2929.23 of the
Revised Code. In addition, the court shall impose upon the
offender a fine of not less than five hundred and not more than
two thousand five hundred dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in his name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(4) In addition to or independent of all other penalties
provided by law or ordinance, the trial judge of any court of
record or the mayor of a mayor's court shall suspend for a period
not to exceed one year the driver's or commercial driver's
license or permit or nonresident operating privilege of an
offender who is sentenced under division (B)(1), (2), or (3) of
this section.

(5) Fifty per cent of any fine imposed by a court under
division (B)(1), (2), or (3) of this section shall be deposited
into the county indigent driver's alcohol treatment fund or municipal indigent
drivers alcohol treatment fund under the control of that court, as created by
the county or municipal corporation pursuant
to division (N) of section 4511.191 of the Revised Code.

(6) No court shall impose the alternative sentence of not
less than thirty consecutive days of electronically monitored
house arrest permitted to be imposed by division (B)(1) of this
section or the alternative sentence of a term of not less than
ninety consecutive days of electronically monitored house arrest
permitted to be imposed by division (B)(2) of this section,
unless within sixty days of the date of sentencing, the court
issues a written finding, entered into the record, that, due to
the unavailability of space at the incarceration facility where
the offender is required to serve the term of imprisonment
imposed upon him, the offender will not be able to begin serving
his term of imprisonment within the sixty-day period following
the date of sentencing. If the court issues such a finding, the
court may impose the alternative sentence comprised of or
including electronically monitored house arrest permitted to be
imposed by division (B)(1) or (2) of this section.

(7) An offender sentenced under this section to a period
of electronically monitored house arrest shall be permitted work
release during such period. The duration of the work release
shall not exceed the time necessary each day for the offender to
commute to and from the place of employment and his home or other
place specified by the sentencing court and the time actually
spent under employment.

(8) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 4506.16 of the Revised Code. No person who is
disqualified for life from holding a commercial driver's license
under section 4506.16 of the Revised Code shall be issued a
driver's license under this chapter during the period for which
the commercial driver's license was suspended under this section,
and no person whose commercial driver's license is suspended
under this section shall be issued a driver's license under this
chapter during the period of the suspension.

(C) Whoever violates division (B)(1) of section 4507.02 of
the Revised Code is guilty of driving under financial
responsibility law suspension or revocation and shall be punished
as provided in division (C)(1), (2), or (3) and division (C)(4)
of this section.

(1) If, within five years of the offense, the offender has
not been convicted of or pleaded guilty to a violation of
division (B)(1) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in his name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(B)(1) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under financial responsibility law suspension or
revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in his name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (B)(1) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in his name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(4) Except as otherwise provided in division (D) of
section 4507.162 of the Revised Code, the court, in addition to
or independent of all other penalties provided by law, may
suspend for a period not to exceed one year the driver's or
commercial driver's license or permit or nonresident operating
privilege of an offender who is sentenced under division (C)(1),
(2), or (3) of this section.

(5) The court shall not release a vehicle from the immobilization ordered
under division (C)(1) or (2) of this section unless the court is presented with
current proof of financial responsibility with respect to that vehicle.

(D) Whoever violates division (A)(1) or (3) of section
4507.02 of the Revised Code by operating a motor vehicle when his
driver's or commercial driver's license has been expired for no
more than six months is guilty of a minor misdemeanor. Whoever
violates division (B) of section 4507.13 or division (C) of
section 4507.52 of the Revised Code is guilty of a minor
misdemeanor.

(E) Whoever violates section 4507.33 of the Revised Code
is guilty of permitting the operation of a vehicle by a person
with no legal right to operate a vehicle and shall be punished as
provided in division (E)(1) or (2) of this section.

(1) If the offender previously has not been convicted of
or pleaded guilty to a violation of section 4507.33 of the
Revised Code, permitting the operation of a vehicle by a person
with no legal right to operate a vehicle is a misdemeanor of the
first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the
immobilization for thirty days of the vehicle involved in the
offense and the impoundment for thirty days of the identification
license plates of that vehicle. The order for immobilization and
impoundment shall be issued and enforced in accordance with
section 4503.233 of the Revised Code.

(2) If the offender previously has been convicted of or
pleaded guilty to one or more violations of section 4507.33 of
the Revised Code, permitting the operation of a vehicle by a
person with no legal right to operate a vehicle is a misdemeanor
of the first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the criminal
forfeiture to the state of the vehicle involved in the offense.
The order of criminal forfeiture shall be issued and enforced in
accordance with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(F) WHOEVER VIOLATES DIVISION
(F) OF SECTION 4507.05, OR
DIVISION (B) OR
(C) OF SECTION 4507.071 OF THE
REVISED
CODE IS GUILTY OF A MISDEMEANOR
OF THE THIRD DEGREE.

(G) Except as provided in divisions (A) to (E) of this
section and unless another penalty is provided by the laws of
this state, whoever violates any provision of sections 4507.01 to
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a
misdemeanor of the first degree.

(G)(H) Whenever a person is found guilty of a violation of
section 4507.32 of the Revised Code, the trial judge of any court
of record, in addition to or independent of all other penalties
provided by law or ordinance, may suspend for any period of time
not exceeding three years or revoke the license of any person,
partnership, association, or corporation, issued under section
4511.763 of the Revised Code.

(H)(I) Whenever a person is found guilty of a violation of a
traffic offense specified in Traffic Rule 13(B) that requires the
person's appearance in court, the court shall, in addition to and
independent of all other penalties required by law or ordinance,
require the person to verify the existence at the time of the
offense of proof of financial responsibility covering the
person's operation of the motor vehicle, or the motor vehicle if
registered in the person's name, and impose the civil penalties
specified in division (A) of section 4509.101 of the Revised Code
if the person fails to verify the existence of such proof of
financial responsibility.

Section 3. That section 4507.08 of the Revised Code,
as amended by Sub. H.B. 167 of the 121st General Assembly, be
amended to read as follows:

Sec. 4507.08. No driver's license shall be issued to any
person under eighteen years of age, except that a probationary
license may be issued to a person over sixteen years of age and a
restricted license may be issued to a person who is fourteen or
fifteen years of age upon proof of hardship satisfactory to the
registrar of motor vehicles.(A) No probationary license shall
be
issued to any person under the age of eighteen who has been
adjudicated an unruly or delinquent child or a juvenile traffic
offender for having committed any act that if committed by an
adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program.

(B) No temporary instruction permit or driver's license shall
be issued to any person whose license has been suspended, during
the period for which the license was suspended, nor to any person
whose license has been revoked, under sections 4507.01 to 4507.39
of the Revised Code, until the expiration of one year after the
license was revoked.

(C) No temporary instruction permit or driver's license shall
be issued to any person whose commercial driver's license is
suspended under section 1905.201, 2301.374, 4507.16, 4507.34,
4507.99, 4511.191, or 4511.196 of the Revised Code or under any other
provision of the Revised Code during the period of the
suspension.

(D) No temporary instruction permit or driver's license shall
be issued to, or retained by ANY OF THE FOLLOWING PERSONS:

(A)(1) Any person who is an alcoholic, or is addicted to the
use of controlled substances to the extent that the use
constitutes an impairment to the person's ability to operate a
motor vehicle with the required degree of safety;

(B)(2) Any person who is under the age of eighteen and has
been adjudicated an unruly or delinquent child or a juvenile
traffic offender for having committed any act that if committed
by an adult would be a drug abuse offense, as defined in section
2925.01 of the Revised Code, a violation of division (B) of
section 2917.11, or a violation of division (A) of section
4511.19 of the Revised Code, unless the person has been required
by the court to attend a drug abuse or alcohol abuse education,
intervention, or treatment program specified by the court and has
satisfactorily completed the program;

(C)(3) Any person who, in the opinion of the registrar, is
afflicted with or suffering from a physical or mental disability
or disease that prevents the person from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways, except that a restricted license effective for
six months may be issued to any person otherwise qualified who is
or has been subject to any condition resulting in episodic
impairment of consciousness or loss of muscular control and whose
condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that the person is capable of
exercising reasonable and ordinary control over a motor vehicle. A restricted
license effective for six months shall be issued to
any person who is otherwise qualified who is subject to any
condition which causes episodic impairment of consciousness or a
loss of muscular control if the person presents a statement from
a licensed physician that the person's condition is under effective
medical control and the period of time for which the control has
been continuously maintained, unless, thereafter, a medical
examination is ordered and, pursuant thereto, cause for denial is
found.

A person to whom a six-month restricted license has been
issued shall give notice of the person's medical condition to the
registrar on forms provided by the registrar and signed by the
licensee's physician. The notice shall be sent to the registrar
six months after the issuance of the license. Subsequent
restricted licenses issued to the same individual shall be
effective for six months.

(D)(4) Any person who is unable to understand highway
warnings or traffic signs or directions given in the English
language;

(E)(5) Any person making an application whose driver's
license or driving privileges are under revocation or suspension
in the jurisdiction where issued or any other jurisdiction, until
the expiration of one year after the license was revoked or until
the period of suspension ends. Any person whose application is
denied under this division may file a petition in the municipal
court or county court in whose jurisdiction the person resides
agreeing to pay the cost of the proceedings and alleging that the
conduct involved in the offense that resulted in suspension or
revocation in the foreign jurisdiction would not have resulted in
a suspension or revocation had the offense occurred in this
state. If the petition is granted, petitioner shall notify the
registrar of motor vehicles by a certified copy of the court's
findings and a license shall not be denied under this division;

(F)(6) Any person whose driver's or commercial driver's
license or permit has been permanently revoked pursuant to
division (C) of section 4507.16 of the Revised Code.

Section 4. That all existing versions of section 4507.08 of the
Revised Code are hereby repealed.

Section 5. That section 4507.99 of the Revised Code, as
amended by Am. Sub. H.B. 676 of the 121st General Assembly, be
amended to read as follows:

"Sec. 4507.99. (A) Whoever violates division (B)(2) or
(D)(1) of section 4507.02 of the Revised Code is guilty of
driving under suspension or revocation or in violation of license
restrictions, a misdemeanor of the first degree. Whoever
violates division (C) of section 4507.02 of the Revised Code is
guilty of driving without paying a license reinstatement fee, a
misdemeanor of the first degree. Except as otherwise provided in division (D)
of section 4507.162 of the Revised Code, the court, in addition to or
independent of all other penalties provided by
law, may suspend for a period not to exceed one year the driver's
or commercial driver's license or permit or nonresident operating
privilege of any person who pleads guilty to or is convicted of a
violation of division (B)(2), (C), or (D)(1) of section 4507.02
of the Revised Code.

(B) Whoever violates division (D)(2) of section 4507.02 of
the Revised Code is guilty of driving under OMVI suspension or
revocation and shall be punished as provided in division (B)(1),
(2), or (3) and divisions (B)(4) to (8) of this section.

(1) Except as otherwise provided in division (B)(2) or (3)
of this section, driving under OMVI suspension or revocation is a
misdemeanor of the first degree, and the court shall sentence the
offender to a term of imprisonment of not less than three
consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than thirty consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed six months. In addition,
the court shall impose upon the offender a fine of not less than
two hundred fifty and not more than one thousand dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(D)(2) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under OMVI suspension or revocation is a misdemeanor, and
the court shall sentence the offender to a term of imprisonment
of not less than ten consecutive days and may sentence the
offender to a longer definite term of imprisonment of not more
than one year. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than ninety consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed one year. In addition,
the court shall impose upon the offender a fine of not less than
five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (D)(2) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under OMVI suspension or revocation is guilty
of a misdemeanor. The court shall sentence the offender to a
term of imprisonment of not less than thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. The court shall not
sentence the offender to a term of electronically monitored house
arrest as defined in division (A)(4) of section 2929.23 of the
Revised Code. In addition, the court shall impose upon the
offender a fine of not less than five hundred and not more than
two thousand five hundred dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(4) In addition to or independent of all other penalties
provided by law or ordinance, the trial judge of any court of
record or the mayor of a mayor's court shall suspend for a period
not to exceed one year the driver's or commercial driver's
license or permit or nonresident operating privilege of an
offender who is sentenced under division (B)(1), (2), or (3) of
this section.

(5) Fifty per cent of any fine imposed by a court under
division (B)(1), (2), or (3) of this section shall be deposited
into the county indigent driver's alcohol treatment fund or municipal indigent
drivers alcohol treatment fund under the control of that court, as created by
the county or municipal corporation pursuant
to division (N) of section 4511.191 of the Revised Code.

(6) No court shall impose the alternative sentence of not
less than thirty consecutive days of electronically monitored
house arrest permitted to be imposed by division (B)(1) of this
section or the alternative sentence of a term of not less than
ninety consecutive days of electronically monitored house arrest
permitted to be imposed by division (B)(2) of this section,
unless within sixty days of the date of sentencing, the court
issues a written finding, entered into the record, that, due to
the unavailability of space at the incarceration facility where
the offender is required to serve the term of imprisonment
imposed upon the offender, the offender will not be able to begin
serving
that term of imprisonment within the sixty-day period following
the date of sentencing. If the court issues such a finding, the
court may impose the alternative sentence comprised of or
including electronically monitored house arrest permitted to be
imposed by division (B)(1) or (2) of this section.

(7) An offender sentenced under this section to a period
of electronically monitored house arrest shall be permitted work
release during such period. The duration of the work release
shall not exceed the time necessary each day for the offender to
commute to and from the place of employment and the offender's home or other
place specified by the sentencing court and the time actually
spent under employment.

(8) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 2301.374 or 4506.16 of the Revised Code. No person who is
disqualified for life from holding a commercial driver's license
under section 4506.16 of the Revised Code shall be issued a
driver's license under this chapter during the period for which
the commercial driver's license was suspended under this section,
and no person whose commercial driver's license is suspended
under this section shall be issued a driver's license under this
chapter during the period of the suspension.

(C) Whoever violates division (B)(1) of section 4507.02 of
the Revised Code is guilty of driving under financial
responsibility law suspension or revocation and shall be punished
as provided in division (C)(1), (2), or (3) and division (C)(4)
of this section.

(1) Except as otherwise provided in division (C)(2) or (3) of this section,
driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(B)(1) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under financial responsibility law suspension or
revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (B)(1) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(4) Except as otherwise provided in division (D) of
section 4507.162 of the Revised Code, the court, in addition to
or independent of all other penalties provided by law, may
suspend for a period not to exceed one year the driver's or
commercial driver's license or permit or nonresident operating
privilege of an offender who is sentenced under division (C)(1),
(2), or (3) of this section.

(5) The court shall not release a vehicle from the immobilization ordered
under division (C)(1) or (2) of this section unless the court is presented
with
current proof of financial responsibility with respect to that vehicle.

(D) Whoever violates division (A)(1) or (3) of section
4507.02 of the Revised Code by operating a motor vehicle when
the offender's
driver's or commercial driver's license has been expired for no
more than six months is guilty of a minor misdemeanor. Whoever
violates division (B) of section 4507.13 or division (C) of
section 4507.52 of the Revised Code is guilty of a minor
misdemeanor.

(E) Whoever violates section 4507.33 of the Revised Code
is guilty of permitting the operation of a vehicle by a person
with no legal right to operate a vehicle and shall be punished as
provided in division (E)(1) or (2) of this section.

(1) Except as otherwise provided in division (E)(2) of this section,
permitting the operation of a vehicle by a person
with no legal right to operate a vehicle is a misdemeanor of the
first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the
immobilization for thirty days of the vehicle involved in the
offense and the impoundment for thirty days of the identification
license plates of that vehicle. The order for immobilization and
impoundment shall be issued and enforced in accordance with
section 4503.233 of the Revised Code.

(2) If the offender previously has been convicted of or
pleaded guilty to one or more violations of section 4507.33 of
the Revised Code, permitting the operation of a vehicle by a
person with no legal right to operate a vehicle is a misdemeanor
of the first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the criminal
forfeiture to the state of the vehicle involved in the offense.
The order of criminal forfeiture shall be issued and enforced in
accordance with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(F) WHOEVER VIOLATES DIVISION
(F) OF SECTION 4507.05, OR
DIVISION (B) OR
(C) OF SECTION 4507.071 OF THE
REVISED
CODE IS GUILTY OF A MISDEMEANOR
OF THE THIRD DEGREE.

(G) Except as provided in divisions (A) to (E) of this
section and unless another penalty is provided by the laws of
this state, whoever violates any provision of sections 4507.01 to
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a
misdemeanor of the first degree.

(G)(H) Whenever a person is found guilty of a violation of
section 4507.32 of the Revised Code, the trial judge of any court
of record, in addition to or independent of all other penalties
provided by law or ordinance, may suspend for any period of time
not exceeding three years or revoke the license of any person,
partnership, association, or corporation, issued under section
4511.763 of the Revised Code.

(H)(I) Whenever a person is found guilty of a violation of a
traffic offense specified in Traffic Rule 13(B) that requires the
person's appearance in court, the court shall, in addition to and
independent of all other penalties required by law or ordinance,
require the person to verify the existence at the time of the
offense of proof of financial responsibility covering the
person's operation of the motor vehicle, or the motor vehicle if
registered in the person's name, and impose the civil penalties
specified in division (A) of section 4509.101 of the Revised Code
if the person fails to verify the existence of such proof of
financial responsibility."

(J) THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JULY 1,
1997.

Section 6. That all existing versions of section 4507.99 of the
Revised Code are hereby repealed.

Section 8. That section 4507.99 of the Revised Code, as
amended by Am. Sub. H.B. 438 of the 121st General Assembly, be
amended to read as follows:

"Sec. 4507.99. (A) Whoever violates division (B)(2) or
(D)(1) of section 4507.02 of the Revised Code is guilty of
driving under suspension or revocation or in violation of license
restrictions, a misdemeanor of the first degree. Whoever
violates division (C) of section 4507.02 of the Revised Code is
guilty of driving without paying a license reinstatement fee, a
misdemeanor of the first degree. Except as otherwise provided in division (D)
of section 4507.162 of the Revised Code, the court, in addition to or
independent of all other penalties provided by
law, may suspend for a period not to exceed one year the driver's
or commercial driver's license or permit or nonresident operating
privilege of any person who pleads guilty to or is convicted of a
violation of division (B)(2), (C), or (D)(1) of section 4507.02
of the Revised Code.

(B) Whoever violates division (D)(2) of section 4507.02 of
the Revised Code is guilty of driving under OMVI suspension or
revocation and shall be punished as provided in division (B)(1),
(2), or (3) and divisions (B)(4) to (8) of this section.

(1) Except as otherwise provided in division (B)(2) or (3)
of this section, driving under OMVI suspension or revocation is a
misdemeanor of the first degree, and the court shall sentence the
offender to a term of imprisonment of not less than three
consecutive days and may sentence the offender pursuant to
section 2929.21 of the Revised Code to a longer term of
imprisonment. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than thirty consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed six months. In addition,
the court shall impose upon the offender a fine of not less than
two hundred fifty and not more than one thousand dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(D)(2) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under OMVI suspension or revocation is a misdemeanor, and
the court shall sentence the offender to a term of imprisonment
of not less than ten consecutive days and may sentence the
offender to a longer definite term of imprisonment of not more
than one year. As an alternative to the term of imprisonment
required to be imposed by this division, but subject to division
(B)(6) of this section, the court may sentence the offender to a
term of not less than ninety consecutive days of electronically
monitored house arrest as defined in division (A)(4) of section
2929.23 of the Revised Code. The period of electronically
monitored house arrest shall not exceed one year. In addition,
the court shall impose upon the offender a fine of not less than
five hundred and not more than two thousand five hundred dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (D)(2) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under OMVI suspension or revocation is guilty
of a misdemeanor. The court shall sentence the offender to a
term of imprisonment of not less than thirty consecutive days and
may sentence the offender to a longer definite term of
imprisonment of not more than one year. The court shall not
sentence the offender to a term of electronically monitored house
arrest as defined in division (A)(4) of section 2929.23 of the
Revised Code. In addition, the court shall impose upon the
offender a fine of not less than five hundred and not more than
two thousand five hundred dollars.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(4) In addition to or independent of all other penalties
provided by law or ordinance, the trial judge of any court of
record or the mayor of a mayor's court shall suspend for a period
not to exceed one year the driver's or commercial driver's
license or permit or nonresident operating privilege of an
offender who is sentenced under division (B)(1), (2), or (3) of
this section.

(5) Fifty per cent of any fine imposed by a court under
division (B)(1), (2), or (3) of this section shall be deposited
into the county indigent driver's alcohol treatment fund or municipal indigent
drivers alcohol treatment fund under the control of that court, as created by
the county or municipal corporation pursuant
to division (N) of section 4511.191 of the Revised Code.

(6) No court shall impose the alternative sentence of not
less than thirty consecutive days of electronically monitored
house arrest permitted to be imposed by division (B)(1) of this
section or the alternative sentence of a term of not less than
ninety consecutive days of electronically monitored house arrest
permitted to be imposed by division (B)(2) of this section,
unless within sixty days of the date of sentencing, the court
issues a written finding, entered into the record, that, due to
the unavailability of space at the incarceration facility where
the offender is required to serve the term of imprisonment
imposed upon the offender, the offender will not be able to begin
serving
that term of imprisonment within the sixty-day period following
the date of sentencing. If the court issues such a finding, the
court may impose the alternative sentence comprised of or
including electronically monitored house arrest permitted to be
imposed by division (B)(1) or (2) of this section.

(7) An offender sentenced under this section to a period
of electronically monitored house arrest shall be permitted work
release during such period. The duration of the work release
shall not exceed the time necessary each day for the offender to
commute to and from the place of employment and the offender's home or other
place specified by the sentencing court and the time actually
spent under employment.

(8) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 2301.374 or 4506.16 of the Revised Code. No person who is
disqualified for life from holding a commercial driver's license
under section 4506.16 of the Revised Code shall be issued a
driver's license under this chapter during the period for which
the commercial driver's license was suspended under this section,
and no person whose commercial driver's license is suspended
under this section shall be issued a driver's license under this
chapter during the period of the suspension.

(C) Whoever violates division (B)(1) of section 4507.02 of
the Revised Code is guilty of driving under financial
responsibility law suspension or revocation and shall be punished
as provided in division (C)(1), (2), or (3) and division (C)(4)
of this section.

(1) Except as otherwise provided in division (C)(2) or (3) of this section,
driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for thirty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for thirty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(2) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to one violation of division
(B)(1) of section 4507.02 of the Revised Code or a municipal
ordinance that is substantially equivalent to that division,
driving under financial responsibility law suspension or
revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the immobilization for sixty days of the vehicle the
offender was operating at the time of the offense and the
impoundment for sixty days of the identification license plates
of that vehicle. The order for immobilization and impoundment
shall be issued and enforced in accordance with section 4503.233
of the Revised Code.

(3) If, within five years of the offense, the offender has
been convicted of or pleaded guilty to two or more violations of
division (B)(1) of section 4507.02 of the Revised Code or a
municipal ordinance that is substantially equivalent to that
division, driving under financial responsibility law suspension
or revocation is a misdemeanor of the first degree.

Regardless of whether the vehicle the offender was
operating at the time of the offense is registered in the offender's name or
in the name of another person, the court, in addition to or
independent of any other sentence that it imposes upon the
offender and subject to section 4503.235 of the Revised Code,
shall order the criminal forfeiture to the state of the vehicle
the offender was operating at the time of the offense. The order
of criminal forfeiture shall be issued and enforced in accordance
with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised Code.

(4) Except as otherwise provided in division (D) of
section 4507.162 of the Revised Code, the court, in addition to
or independent of all other penalties provided by law, may
suspend for a period not to exceed one year the driver's or
commercial driver's license or permit or nonresident operating
privilege of an offender who is sentenced under division (C)(1),
(2), or (3) of this section.

(5) The court shall not release a vehicle from the immobilization ordered
under division (C)(1) or (2) of this section unless the court is presented
with current proof of financial responsibility with respect to that vehicle.

(D) Whoever violates division (A)(1) or (3) of section
4507.02 of the Revised Code by operating a motor vehicle when
the offender's
driver's or commercial driver's license has been expired for no
more than six months is guilty of a minor misdemeanor. Whoever
violates division (B) of section 4507.13 or division (C) of
section 4507.52 of the Revised Code is guilty of a minor
misdemeanor.

(E) Whoever violates section 4507.33 of the Revised Code
is guilty of permitting the operation of a vehicle by a person
with no legal right to operate a vehicle and shall be punished as
provided in division (E)(1) or (2) of this section.

(1) Except as otherwise provided in division (E)(2) of this section,
permitting the operation of a vehicle by a person
with no legal right to operate a vehicle is a misdemeanor of the
first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the
immobilization for thirty days of the vehicle involved in the
offense and the impoundment for thirty days of the identification
license plates of that vehicle. The order for immobilization and
impoundment shall be issued and enforced in accordance with
section 4503.233 of the Revised Code.

(2) If the offender previously has been convicted of or
pleaded guilty to one or more violations of section 4507.33 of
the Revised Code, permitting the operation of a vehicle by a
person with no legal right to operate a vehicle is a misdemeanor
of the first degree. In addition to or independent of any other
sentence that it imposes upon the offender and subject to section
4503.235 of the Revised Code, the court shall order the criminal
forfeiture to the state of the vehicle involved in the offense.
The order of criminal forfeiture shall be issued and enforced in
accordance with section 4503.234 of the Revised Code.

If title to a motor vehicle that is subject to an order for criminal
forfeiture under this section is assigned or transferred and division
(C)(2) or (3) of section 4503.234 of the
Revised Code
applies, in addition to or independent of any other penalty established by law,
the court may fine the offender the value of the vehicle as determined by
publications of the national auto dealer's association. The proceeds from any
fine imposed under this division shall be distributed in accordance with
division (D)(4) of section 4503.234 of the
Revised
Code.

(F) WHOEVER VIOLATES DIVISION
(F) OF SECTION 4507.05, OR
DIVISION (B) OR
(C) OF SECTION 4507.071 OF THE
REVISED
CODE IS GUILTY OF A MISDEMEANOR
OF THE THIRD DEGREE.

(G) Except as provided in divisions (A) to (E) of this
section and unless another penalty is provided by the laws of
this state, whoever violates any provision of sections 4507.01 to
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a
misdemeanor of the first degree.

(G)(H) Whenever a person is found guilty of a violation of
section 4507.32 of the Revised Code, the trial judge of any court
of record, in addition to or independent of all other penalties
provided by law or ordinance, may suspend for any period of time
not exceeding three years or revoke the license of any person,
partnership, association, or corporation, issued under section
4511.763 of the Revised Code.

(H)(I) Whenever a person is found guilty of a violation of a
traffic offense specified in Traffic Rule 13(B) that requires the
person's appearance in court, the court shall require the person to verify the
existence at the time of the
offense of proof of financial responsibility covering the
person's operation of the motor vehicle, or the motor vehicle if
registered in the person's name, and notify the registrar pursuant to division
(D) of section 4509.101 of the Revised Code
if the person fails to verify the existence of such proof of
financial responsibility."

Section 9. That all existing versions of section 4507.99 of the Revised Code
are hereby repealed.

Section 10. Sections 8 and 9 of this act shall take effect July 1, 1997.

Section 11. Section 4507.99 of the Revised Code is presented in Section 8 of
this act
as a composite of the section as amended by both
Am. Sub. H.B. 438 and Am. Sub. H.B. 676 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to July 1, 1997.